Terms of Service
1.1 These General Terms and Conditions (hereinafter "GTC") of Mühleis EDV-Service GbR (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2 For contracts for the delivery of vouchers, these GTC apply accordingly, unless otherwise regulated in this respect.
1.3 For contracts for the provision of digital content, these GTC apply accordingly, unless otherwise regulated in this respect. Digital content within the meaning of these GTC are data that are created and provided in digital form.
1.4 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.
1.5 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
1.6 The subject of the contract can – depending on the content description of the Seller – be both the one-time provision of digital content and the regular provision of digital content (hereinafter "subscription contract"). In the case of a subscription contract, the Seller undertakes to provide the Customer with the contractually owed digital content for the duration of the agreed contract period at the contractually agreed time intervals.
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, the Customer, after having placed the selected goods in the virtual shopping cart and passed through the electronic ordering process, submits a legally binding contractual offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Seller can accept the Customer's offer within five days,
If several of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by his declaration of intent.
2.4 When selecting a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, viewable at https://www.paypal.com
2.5 When submitting an offer via the Seller's online order form, the text of the contract is saved by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g. email, fax or letter) after the order has been sent. Further accessibility of the contract text by the Seller does not take place. If the Customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via his password-protected user account by providing the corresponding login data.
2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the representation on the screen is enlarged. The Customer can correct his entries within the framework of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.8 Order processing and contacting usually take place via email and automated order processing. The Customer must ensure that the email address provided by him for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory sales tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.4 If prepayment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 When selecting the "SOFORT" payment method, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the Customer must have an online banking account activated for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction will be carried out immediately afterwards by "SOFORT" and the Customer's bank account will be debited. Further information on the "SOFORT" payment method can be found on the internet at https://www.klarna.com
4.6 When selecting a payment method offered via the "Stripe" payment service, payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe are communicated to the Customer in the Seller's online shop. To process payments, Stripe may use other payment services for which special payment conditions may apply, which the Customer may be informed of separately. Further information on Stripe is available on the internet at https://stripe.com
4.7 When selecting the direct debit payment method via Stripe, payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). In this case, Stripe collects the invoice amount from the Customer's bank account on behalf of the Seller after a SEPA direct debit mandate has been issued, but not before the expiry of the period for prior information. Prior information ("Pre-Notification") is any communication (e.g. invoice, policy, contract) to the Customer that announces a debit by means of SEPA direct debit. If the direct debit is not redeemed due to insufficient funds or due to the provision of incorrect bank details, or if the Customer objects to the debit although he is not entitled to do so, the Customer must bear the fees resulting from the chargeback by the respective credit institution if he is responsible for this. The Seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to reject this payment method in the event of a negative credit check.
4.8 When selecting the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to reject this payment method in the event of a negative credit check.
5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing is decisive.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the outward shipment if the Customer effectively exercises his right of withdrawal. For the return costs, if the right of withdrawal is effectively exercised by the Customer, the regulation made in the Seller's cancellation policy applies.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarder, the carrier or the person or institution otherwise determined to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes with the handover of the goods to the Customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer in the case of consumers as soon as the Seller has delivered the item to the forwarder, the carrier or the person or institution otherwise determined to carry out the shipment, if the Customer commissions the forwarder, the carrier or the person or institution otherwise determined to carry out the shipment with the execution and the Seller has not previously named this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the non-delivery is not the responsibility of the Seller and the Seller has concluded a specific hedging transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
5.6 Digital content is provided to the Customer as follows:
- by direct access via the entrepreneur's website
6.1 Unless otherwise stated in the content description in the Seller's online shop, the Seller grants the Customer a non-exclusive right, unlimited in time and place, to use the provided content for private as well as commercial purposes.
6.2 A transfer of the content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted, unless the Seller has agreed to a transfer of the contract license to the third party.
6.3 Insofar as the contract relates to the one-time provision of digital content, the granting of rights only becomes effective when the Customer has paid the agreed remuneration in full. The Seller may also provisionally permit the use of the contractual content before this point in time. A transfer of rights does not take place through such provisional permission.
7.1 Subscription contracts are concluded for a limited period, for the contract duration evident from the respective product description in the Seller's online shop, and end automatically after the expiry of the contract duration.
7.2 The right to extraordinary termination for good cause remains unaffected. A good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
7.3 Terminations must be made in writing or in text form (e.g. by email).
If the Seller performs in advance, he reserves the title to the delivered goods until the purchase price owed has been paid in full.
Unless otherwise stated in the following regulations, the provisions of the statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:
9.1 If the Customer acts as an entrepreneur,
9.2 The liability limitations and shortening of periods regulated above do not apply
9.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
9.4 If the Customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial obligation to examine and notify defects pursuant to § 377 HGB. If the Customer omits the notification obligations regulated there, the goods are deemed to have been approved.
9.5 If the Customer acts as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller of this. If the Customer does not comply with this, this has no effect on his statutory or contractual claims for defects.
The Seller is liable to the Customer for all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:
10.1 The Seller is liable for any legal reason without limitation
10.2 If the Seller negligently violates an essential contractual obligation, liability is limited to the contract-typical, foreseeable damage, unless unlimited liability is provided for in accordance with the above paragraph. Essential contractual obligations are obligations that the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer may regularly rely.
10.3 Otherwise, liability of the Seller is excluded.
10.4 The above liability regulations also apply with regard to the liability of the Seller for his vicarious agents and legal representatives.
11.1 Vouchers that are issued free of charge by the Seller as part of advertising campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only in the specified period.
11.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the Promotional Voucher.
11.3 Promotional Vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.
11.4 Only one Promotional Voucher can be redeemed per order.
11.5 The value of the goods must at least correspond to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.
11.6 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
11.7 The balance of a Promotional Voucher is neither paid out in cash nor interest is paid.
11.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in full or in part with the Promotional Voucher within the framework of his statutory right of withdrawal.
11.9 The Promotional Voucher is transferable. The Seller can perform with discharging effect to the respective owner who redeems the Promotional Voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, the incapacity to contract or the lack of representative authority of the respective owner.
12.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.
12.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining balances will be credited to the Customer until the expiry date.
12.3 Gift Vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.
12.4 Several Gift Vouchers can also be redeemed for one order.
12.5 Gift Vouchers can only be used for the purchase of goods and not for the purchase of further Gift Vouchers.
12.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
12.7 The balance of a Gift Voucher is neither paid out in cash nor interest is paid.
12.8 The Gift Voucher is transferable. The Seller can perform with discharging effect to the respective owner who redeems the Gift Voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, the incapacity to contract or the lack of representative authority of the respective owner.
The law of the Federal Republic of Germany applies to all legal relationships of the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
